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CONDITIONS of SALE : TERMS of TRADING 1. Contracts

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CONDITIONS of SALE : TERMS of TRADING 1. Contracts CONDITIONS OF SALE : TERMS OF TRADING 1. Contracts (i) All Contracts for the sale and/or manufacture of goods by SCARECROW GROUP LIMITED also trading as SCARECROW AVIATION LIMITED, SCARECROW BIO-ACOUSTIC SYSTEMS LIMITED AND COMMUNICATION TECHNOLOGY (hereinafter called Scarecrow) shall incorporate these Conditions of Sale. (ii) Scarecrow shall take the placing of an order by the BUYER as the BUYERS complete acceptance of these Conditions of Sale. (iii) Neither the performance in whole or in part of the BUYER’s order nor any other conduct whatsoever on the part of Scarecrow shall be constructed as the acceptance by Scarecrow of any Terms inconsistent with these Conditions of Sale. The signing by Scarecrow of the BUYER’s documentation shall not imply any modification of these Terms. (iv) Neither Scarecrow employees nor agents shall have authority to agree to or accept any variation or addition to any Contract and any variation or addition shall only be binding if confirmed in writing and signed by a Director of Scarecrow. (v) All Contracts entered into by Scarecrow shall be governed by English Law and the BUYER submits to the exclusive jurisdiction of the High Court of Justice in England but Scarecrow may enforce any Contract in any court of competent jurisdiction. 2. Credit Accounts (i) Unless prior arrangements have been made, all goods are supplied on a pro-forma basis. (ii) BUYER’s wishing to operate a Credit Account must first provide details of their Banker’s with branch and account code numbers together with two trade references using the Scarecrow Credit Application Form available on request. (iii) LETTERS OF CREDIT shall be confirmed irrevocable and drawn on Scarecrow’s nominated London Bank and payable at sight. All charges relating thereto will be paid by the BUYER. Such BUYERS shall have an alternative payment term of cash with order (against submitted proforma) for which a discount of 3.0% shall apply on the nett goods value. 3. Minimum Order Value (i) With the sole exception of product repairs or spare parts, no minimum order value for goods not including carriage will apply. 4. Payment Terms and retention of title (i) Where a credit account is operated and unless otherwise agreed in writing a full payment shall be made by the BUYER within 30 days from the date of invoice which is the date of dispatch of the said goods. Property of the goods shall not pass to the BUYER unless and until the whole amount due in respect of such goods shall have been paid to Scarecrow. Registered Office and Trading address: Scarecrow Group Limited, The Old Dairy, Straight Half Mile, Maresfield, East Sussex, TN22 2HH England Telephone: +44(0) 1825 766363 E-mail: [email protected] Website: www.scarecrow.eu (ii) In the event of the goods being sold by the BUYER in such manner as to pass to a third party a valid title to the goods shall remain whilst any sums continue due to Scarecrow. Scarecrow rights under the Contract shall attach to the proceeds of such sale or to the claim for such proceeds and the BUYER shall place such proceeds in a separate bank account. Nothing herein shall constitute the BUYER as the agent of Scarecrow for the purposes of any such sub-clause. (iii) In the event of the goods becoming constituents of or being converted into other product whilst sums are due as provided in Clause 4 (i) hereof Scarecrow shall have the ownership of and title to such other products as if they were the goods and accordingly Sub-Clause 4 (ii) hereof shall apply as far as appropriate to such other products. (iv) If payment is not made to Scarecrow in accordance with the foregoing sub-clause (i) the BUYER shall be liable to pay in addition to the original invoice amount due a service charge of current UK Bank Rate plus 8 per cent compound per 30 days or part thereof overdue upon so much of the original invoice amount that from time to time remains due until full payment shall have been made pursuant to the EU Late Payment Directive 2000/35/EC and to include all reasonable debt recovery costs. (v) Where payment for the goods is overdue, Scarecrow or its agent may at any time in normal business hours enter upon any premises owned or occupied by the BUYER for the purpose of taking possession of the said goods or products and removing the same. The BUYER shall afford Scarecrow and its representatives all reasonable facilities (including the inspection of records, bank statements etc.) for the purposes of tracing the said goods or products of the proceeds and the sale thereof. (vi) Each of the foregoing sub-clauses shall be construed and take effect independently of each other and if one sub-clause shall be deemed unenforceable the remaining sub- clauses shall remain in full force and effect. 5. Prices (i) All prices quoted by Scarecrow are subject to alteration without notice at any time prior to acceptance by Scarecrow of the BUYERs order for the goods quoted. ii) Except for those incorrectly delivered goods returned with the prior written consent of Scarecrow for credit returns in as new condition will be credited subject to a surcharge of 15 per cent of the goods value. 6. Taxation (i) Where applicable Value Added Tax will be charged at the rate current at the date of shipment which shall be the tax point for the purposes of the Value Added Tax Act 1983. (ii) Goods delivered to other EU countries will attract Value Added Tax unless a valid tax reference is supplied by the BUYER. 7. Delivery and Quotation Validity (i) Unless otherwise specifically stated all quotations in respect of goods not listed in Scarecrow’s current price lists are valid for 30 days from the date of quotation. (ii) All dates expressed in acknowledgements of Orders and quotations for shipping or delivery are approximate only and shall not be of the essence of the Contract. (iii) Scarecrow will use all reasonable endeavours to effect shipment or delivery within the stipulated period or, if no such period be stipulated, within a reasonable time. Scarecrow shall be under no liability for any loss or damage to the BUYER or others arising directly or indirectly out of late shipment or late delivery, whether due to Scarecrow’s default or not, nor shall such late shipment be deemed to be a breach of contract, nor entitle the buyer to cancel or delay the contract PROVIDED THAT in the event of any failure to deliver the goods within the stipulated period or reasonable time (as above defined) the BUYER shall be entitled to rescind the contract on this account if after the expiry of the stipulated period or a reasonable time (as the case may be) it shall give to Scarecrow written notice of a reasonable revised delivery date by which it requires the goods and Scarecrow fails or is unable to adhere to such revised delivery date. 8. Delivery and Shipping Costs (i) All equipment built to the BUYERs specification, and products not listed in Scarecrow’s current price lists are quoted EX-WORKS and all costs of special packaging, carriage, handling and insurance shall be for the BUYERs account and invoiced accordingly. (ii) Only complete orders will be despatched unless the BUYER confirms otherwise. Where parts of an order are despatched separately at the request of the BUYER, each such part will be separately invoiced and will be liable for carriage charges in accordance with clause 8 (iii) or (iv). (iii) In the case of goods to be delivered in the United Kingdom a charge will be made in respect of carriage and/or handling of the goods irrespective of their value. (iv) In the case of goods to be delivered outside the United Kingdom:- a) Standard packaging is suitable only for AIR FREIGHT or OVERLAND TRANSIT and a charge will be made in respect of carriage and/or handling of the goods irrespective of their value. Where carriage by SEA is requested the entire cost of suitable packaging and any related documentation shall be for the BUYERs account, goods being EX- WORKS for SEA shipments, irrespective of invoice value. b) Where the nett invoice value of the goods exceeds 15,000 POUNDS STERLING (FIFTEEN THOUSAND POUNDS) on any one invoice the goods will be invoiced and dispatched for air or overland shipment FOB London, freight forward or added to the original relevant invoice. c) Where the nett invoice value of the goods does not exceed 15,000 POUNDS STERLING the goods will be invoiced ex-works and all additional costs of carriage and/or handling and/or insurance shall be for the BUYERs account and invoiced or sent forward accordingly. 9. Delivery / Inspection (i) The risk in the goods shall pass to the BUYER when Scarecrow delivers the goods in accordance with the terms hereof to the BUYER or other person to whom Scarecrow has been authorised by the BUYER to deliver the goods whether expressly or by implication. Scarecrow thereafter shall not be liable for the safety of the goods and accordingly the BUYER is advised to insure the goods against such risks as may be commercially prudent. (ii) Goods ready for shipment to the BUYER shall be invoiced by Scarecrow notwithstanding any requirement by the BUYER for any test or inspection which shall be carried out at the works of Scarecrow. The satisfactory results of such test or inspection shall be conclusive evidence that the goods comply with the Contract specification in all respects.
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